Order reversed insofar as appealed from, on the law, and branch of defendant's motion which was to dismiss the second count denied.
Testimony given to the Grand Jury established that defendant, from a distance of about six feet, shot the complainant with a .22 caliber rifle and then stated he was sorry and did not know the rifle was loaded. The complainant was wounded in the neck and chest area and hospitalized for six and a half days. The County Court dismissed the...
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